Taggart v. McGinn
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of covenant by McGinn against Taggart. McGinn, in January, 1839, leased a lot in Pittsburgh, on ground-rent to Morris; the rent to be paid semi-annually, on the first days of April and October. In July, 1847, all the estate and interest of Morris was assigned to Taggart. The breach alleged was the non-payment of the rent. The defendant filed his affidavit of defence and pleaded at length on notice.
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Error to the District Court of Allegheny county. This was an action of covenant by McGinn against Taggart. McGinn, in January, 1839, leased a lot in Pittsburgh, on ground-rent to Morris; the rent to be paid semi-annually, on the first days of April and October. In July, 1847, all the estate and interest of Morris was assigned to Taggart. The breach alleged was the non-payment of the rent. The defendant filed his affidavit of defence and pleaded at length on notice. In the plea, inter alia, it is denied that the first of July, 1849, was a day upon which by the deed and narr. any rent was due…
1Opinion of the Court
— Per curiam.
Irregularities in appointing arbitrators under the act of 1836, or in their proceedings, when apparent on the record, may be corrected by writ of error; but not those which are made apparent by extrinsic proof. They can be corrected only by the court below. The fact that every part of this award had not received the assent of the arbitrators before it was filed, depends on parol proof, which is not a ground of adjudication here.
It is urged that more was awarded than could be due; the remedy was an appeal, not a writ of error.
It is further urged, that when this action of covenant…
2Cited by1 opinion
- Chester v. McIntyre & Co.Superior Court of Pennsylvania · 1900